Case law
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Division and case type: CivilCivil Appeal
…On 28th October, 1993, M/S Khaminwa & Khaminwa, Advocates, filed on behalf of the two applicants, a notice of motion under a certificate of urgency seeking an order for committal to prison of the then corporation’s Managing…
…Neither the order nor the notice of motion nor any other notice in connection therewith that was served carried an indorsement of penal obligation or consequence. 3.…
Division and case type: CivilCivil Suit
…High Court at Nairobi, Gachuhi J) RULING This application is in two parts, the first to extend the time for filing the notice of appeal and the second to extend the time for instituting the appeal which, the applicant’s notice…
…of motion filed on November 15, 1983, states: “... shall be made to run from the date of receipt of the complete record from the High Court, with liberty to apply for further extension.”…
Division and case type: CivilCivil Appeal
….………..RESPONDENTS RULING The Notice of Motion filed in civil appeal No 79 of 1979 (which application is dated 9th June 1987 and filed on 10th June 1987) was by consent of counsel heard together with a similar application…
Division and case type: Environment and Land CourtCivil Suit
…This is a ruling in respect of a notice of motion dated 18th November, 2025 in which the Plaintiffs/Applicants seeks the following orders: 1) Leave be granted to the Plaintiffs/Applicants to amend the application dated…
…11th November, 2025 in terms of the draft amended notice of motion annexed hereto. 2) The said draft amended notice of motion annexed hereto be deemed as duly filed and served upon the Respondents. 3) The costs of the…
Division and case type: Environment and Land CourtCivil Suit
…The Notice of Motion application dated 16 th February, 2026 by the Plaintiff/Applicant 3.…
…The Notice of Motion Application dated 18 th February, 2026 by the Defendant 7.…
Division and case type: High Court CivilCivil Suit
…of Motion Application.…
…of Motion.…
Division and case type: Environment and Land CourtCivil Suit
…This ruling is in respect of two applications: the Plaintiff’s Notice of Motion dated 8th September 2023 and Chamber Summons dated 18th October 2023.…
…In the end, I make the following orders: Notice of Motion dated 8th September 2023 is struck out for being res judicata.…
Division and case type: High Court CivilCivil Suit
…The first application is the Notice of Motion dated 22/1/2026. It was filed by the Plaintiff.…
…Consequently, I direct that the Notice of Motion and the Notice of Preliminary Objection both dated 10/2/2026 be canvassed together by way of written submissions.…
Division and case type: Environment and Land CourtCivil Suit
…[NOTICE OF MOTION DATED 26TH JANUARY 2023] The applicant moved the court through the notice of motion dated the 26th January 2023 seeking for inter alia, leave to amend the application dated the 15th September 2022 as per…
…The court has been moved by the applicant who desires to amend the notice of motion dated the 15th September 2022 in the manner proposed in the attached draft.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…On 4th August 2026, the appellant filed a Notice of Motion of even date but failed to move this court appropriately under the High Vacation Rules. 2.…
…On 10th August 2026 the Appellant has filed undated Notice of Motion, not a Chambers Summons wherein it craves that his application dated 4th August 2026 be admitted for hearing during the High Court Recess.…
Division and case type: High Court CivilCivil Appeal
…RULING I have considered the Appellant’s notice of motion dated 23rd October 2023 brought under the provisions of Order 45 of the Civil Procedure Rule 2010, Sections 1, 3, 49 and 100 of the Civil Procedure Act and Articles…
…of motion dated 6/7/2023 are hereby reinstated with no orders as to costs.…
Division and case type: Environment and Land CourtCivil Suit
…The fourth application is the 1st Defendant’s Notice of Motion application dated 4th June, 2025, seeking the following orders: a. Spent b.…
…Whether the Plaintiff’s Notice of Motion application dated 24th February, 2025 is merited? b. Whether the 1st Defendant’s Notice of Motion application dated 4th June, 2025 is merited? 26.…
Division and case type: Environment and Land CourtCivil Suit
…Before the Court are two Notices of Motion filed by the Plaintiffs/Applicants.…
…THE NOTICE OF MOTION DATED 23 RD FEBRUARY 2026 2. The Plaintiffs/Applicants filed a Notice of Motion dated 23 rd February 2026, seeking leave of the Court to re-amend their plaint.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…On 4th August 2026, the appellant filed a Notice of Motion of even date but failed to move this court appropriately under the High Vacation Rules. 2.…
…On 10th August 2026 the Appellant has filed undated Notice of Motion, not a Chambers Summons wherein it craves that his application dated 4th August 2026 be admitted for hearing during the High Court Recess.…
Division and case type: High Court CivilCivil Appeal
…For reasons stated therein, am satisfied that the Notice of Motion of even date merits admission for hearing during the court\'s recess. It is so admitted.…
…Upon considering the Notice of Motion dated 30th August 2024, the grounds relied upon and the supporting affidavit, i make orders as follows; 1. The application be served forthwith. 2.…
Division and case type: Environment and Land CourtCivil Suit
…RULING By a Notice of Motion dated 18th December, 2023, Rhoda Wachuka Kiiru (1st Defendant/Applicant) prays for the following orders:Spent.…
…I have similarly perused and considered the 1st Defendant’s Notice of Motion dated 18th December 2023.…
Division and case type: CivilCivil Appeal
…Nevertheless he proceeded to hear the same application de novo, granted leave to file the already filed Notice of Motion out of time and ordered its hearing on priority basis.…
…Yet there is no doubt that it was a chamber summons and not a notice of motion.…
Division and case type: Environment and Land CourtCivil Suit
…Before the Court for determination through this ruling are two applications: the Defendant’s Notice of Motion dated 22nd April 2025, and the Plaintiffs’ Notice of Motion dated 23rd September 2025.…
…I find that the Court is also functus officio as regards Notice of Motion dated 22nd April 2025.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…Before the Court is a Notice of Motion dated 05th May 2025, brought under Sections 1A, 1B, and 3A of the Civil Procedure Act, and Order 8 Rules 3(5) and 5, as well as Order 51 Rule 1 of the Civil Procedure Rules.…
…The primary issue for determination is whether the Court should grant leave to the Appellant to amend the Notice of Motion dated 14th February 2025. Analysis and determination 5.…
Division and case type: High Court CivilCivil Suit
…The first issue is whether the Notice of Motion dated 06th May 2026 has been overtaken by events. 13. The Respondents contend that the Notice of Motion has been overtaken by events.…
…Consequently, the Notice of Motion dated 06th May 2026 is hereby dismissed.…